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KIESEL DRAIN DIST. v. DNR

Docket No. 193498.

575 N.W.2d 791 (1998)

227 Mich. App. 327

KIESEL INTERCOUNTY DRAIN DRAINAGE DISTRICT, Plaintiff-Appellee, v. DEPARTMENT OF NATURAL RESOURCES, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 16, 1998, at 9:00 a.m.

Released for Publication March 26, 1998.

Attorney(s) appearing for the Case

Hubbard, Fox, Thomas, White & Bengtson, P.C. by Geoffrey H. Seidlein, Lansing, for plaintiff-appellee.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and A. Michael Leffler and Stephen M. Rideout, Assistant Attorneys General, for defendant-appellant.

Before YOUNG, P.J., and MARKMAN and SMOLENSKI, JJ.

YOUNG, Presiding Judge.

In this declaratory action, defendant the Department of Natural Resources (DNR), appeals as of right the order granting summary disposition in plaintiff's favor pursuant to MCR 2.116(C)(10). The issue presented in this appeal is whether DNR permits are required before plaintiff may complete a drain project in the Midland County portion of the Kiesel Intercounty Drain Drainage District. The trial court concluded that the project was exempt from...

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